Issued by: The Ministry of Justice
ADV. JOHNNY DE LANGE, M.P. NATIONAL ASSEMBLY HOUSES OF PARLIAMENT CAPE TOWN 8001 TELEPHONE 021-4032728 TELEFAX 021-4616551 E-MAIL JDELANGE@A C KRGZA
VERY URGENT
26 October 1995
De Director The Law Society of the Cape of Good Hope P.O. Box 4528 Cape Town 8000
Fax No.: 22 1335
Attention: Mrs I. Hoffman
Dear Mrs Hoffman,
Re: ATTORNEYS OF THE CAPE LAW SOCIETY WHO ALLEGEDLY BRIBED OFFICIALS OF THE DEEDS OFFICE
Your letter dated 14 September, and our previous communications herein, refer. I have noted the content of same.
I must confess from the outset that I was hoping and believing that the leadership of the Cape Law Society would have responded much quicker and more decisively to this matter. Furthermore, the response one expected was to at least take into consideration the following:
1. The public outcry surrounding the secrecy pertaining to this matter; 2. The attempts being made to fight all forms of corruption in the country: 3. The attempts being made to create a climate of openness and transparency in the country; 4. The attempts being made to ensure the accountability of the highest to the lowest in our land; and 5. The attempts to ensure that nobody is above the law, no matter how high or low such a person may find themselves in the social hierarchy.
Attempts by myself and others have obviously not been enough to persuade the leadership of the Cape Law Society to reveal the information pertaining to the alleged offenders to the public, despite knowing full well that some of your members are very much in favour of this matter being aired or the information being made available to the public. This would particularly have ensured that professionals in our country, in particular, advocates and attorneys, are not above or seen to be above the law.
It is of course welcomed that the leadership of the Cape Law Society have proposed to their membership to do away with all aspects of secrecy in disciplinary hearings in the future. Particularly disappointing, however, is the fact that the said leadership are not prepared to take the lead on proposing to their membership that the information pertaining to the attorneys who have allegedly bribed the Deeds Offices officials, also be made available to the public. That matter was not, according to your response, going to be opened up for debate at your council meeting. This was, I must say, very disappointing news.
Since receiving your letter, the Cape Law Society has held its Annual General Meeting and has endorsed the leaderships position to no longer hold disciplinary hearings in secret. This step is welcomed.
However, as I have indicated previously, I shall do everything possible to ensure that all information pertaining to these alleged crimes having been committed by attorneys are revealed to the public. In fact, you may be aware that at the public hearings to which the Attorneys-General were called to account recently, in Pretoria, I had particularly asked Adv. Kahn S.C., Attorney General of the Cape of Good Hope, to bring all information pertaining to this matter to the public hearings. Due to time constraints, I did not have the opportunity to fully canvass the matter with him beforehand. Due to the fact that he wanted to first discuss the matter in private with me, this information was not made available to the public, on my insistence. However, Adv. Kahn has made it clear that he has absolutely no problems in publicising this information. I shall be meeting with him shortly, as was agreed by the Portfolio Committee on Justice and the Select Committee on Justice members at the public hearings, to discuss the matter with him. I trust that such a meeting will culminate in the information being made available to the public.
In my view it is very important at this time in our history that we take a stand against any form of corruption, particularly when it pertains to persons in positions of authority and responsibility in society. In may view, no person, in particular politicians, public officials, civil servants and persons who hold positions of authority in society, should be above the law. The actions of the Cape Law Society in my humble view is having exactly this effect.
In my humble opinion it is because of this kind of hypocrisy that we reveal in respect of criminals holding positions of authority in society that a newspaper recently, albeit in a different context and in somewhat of a sensationalist manner, was moved to say: "This being so, it is incomprehensible that the courts and criminal justice system treat white-collar criminals with such lamentable leniency."
This "lamentable leniency" would appear, with respect, to be glaring in your response, as captured in paragraphs 10-12 of your said letter.
Therefore, please be advised that I will do everything my office permits to ensure that this does not happen again and I intend, because of the manner in which this whole issue has been dealt with, to do the following:
1. to investigate the possibility of amending the present legislation or introducing new legislation, to ensure that proceedings of the regulating bodies of the legal profession are open and transparent, particularly disciplinary proceedings, and 2. to take all steps my office permits to ensure that the uinformation pertaining to attorneys who have allegedly bribed Deeds Office officials is revealed to the public, such steps could include obtaining the information through Adv. Kahn, S.C., or even by calling the relevant authority within the Cape Law Society to give such evidence to the Justice Portfolio Committee in terms of Section 58(2) of the Constitution, or by any other legal means which become available to me.
If any aspect hereof requires clarification or elucidation please do not hesitate to contact me whenever you may find it convenient to do so.
Thanking you in anticipation. I await your response soonest.
Yours sincerely
Signature ADV. JOHNNY DE LANGE, M.P.
Copies to:
1. Adv. Dullah Omar, M.P., Minister of Justice. 2. Adv. Jasper Noethe, S.C., Director General of Justice 3. Adv. Frank Kahn, S.C., Attorney-General, Cape of Good Hope Division. 4. Mr. A. Van Vuuren, Director of the Association of Law Societies. 5. Adv. Malcolm Wallace, S.C., Chairperson of the General Council of the Bar. 6. Sen. Mohseen Moosa, Chairperson of the Select Committee on Justice. 7. Members of the Portfolio Committee on Justice. 8. Members of the Select Committee on Justice. 9. National Association of Democratic Lawyers. 10. Black Lawyers Association. 11. Lawyers for Human Rights.